Wrongs and Remedies in the Twenty-first Century

Author: Society of Public Teachers of Law (London, England)

Publisher: Oxford University Press

ISBN: 9780198262923

Category: Law

Page: 333

View: 5021

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyers main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after thought when in fact it is the issue of remedies which is a constant and an ever present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UKs leading specialists brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principle issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition and replacement by a vastly expanded system of private insurance.

Race, Wrongs, and Remedies

Group Justice in the 21st Century

Author: Amy L. Wax

Publisher: Rowman & Littlefield Publishers

ISBN: 1442200278

Category: Political Science

Page: 200

View: 5749

Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality.

Remedies for Breach of Contract

A Comparative Analysis of the Protection of Performance

Author: Solène Rowan

Publisher: OUP Oxford

ISBN: 0191630055

Category: Law

Page: 296

View: 5944

A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.

Measuring Damages in the Law of Obligations

The Search for Harmonised Principles

Author: Sirko Harder

Publisher: Bloomsbury Publishing

ISBN: 1847317472

Category: Law

Page: 330

View: 6800

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.

Accounting for Profit for Breach of Contract

Theory and Practice

Author: Katy Barnett

Publisher: Bloomsbury Publishing

ISBN: 1847319521

Category: Law

Page: 256

View: 2672

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.

The Anatomy of Tort Law

Author: Peter Cane

Publisher: Bloomsbury Publishing

ISBN: 1847316735

Category: Law

Page: 264

View: 9441

Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.

Tort Law

Author: Nicholas J. McBride,Roderick Bagshaw

Publisher: Pearson Education

ISBN: 9781405859493

Category: Torts

Page: 847

View: 5976

This textbook aims to provide a coherent exposition of the law of tort around a framework which identifies clearly the guiding principles and marks out the directions in which the law of tort is likely to develop in future.

Structure and Justification in Private Law

Essays for Peter Birks

Author: C.E.F. Rickett,Ross Grantham

Publisher: Bloomsbury Publishing

ISBN: 1847314120

Category: Law

Page: 492

View: 2895

Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker

Gain-Based Damages

Contract, Tort, Equity and Intellectual Property

Author: James Edelman

Publisher: Bloomsbury Publishing

ISBN: 1847316824

Category: Law

Page: 320

View: 2959

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.

Enrichment and Restitution in New Zealand

Author: Ross Grantham,C. E. F. Rickett

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 516

View: 3940

The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle however has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationship with other areas of private law, reflects a consistent theoretical underpinning, and offers an organization of the law which is not solely dependent on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theoretical organization of the law and extends far beyond that jurisdiction.

Governance im 21. Jahrhundert

Author: OECD

Publisher: OECD Publishing

ISBN: 9789264589360

Category:

Page: 264

View: 8620

Mit dem Beginn des 21. Jahrhunderts stehen weitere dramatische Umwälzungen in Wirtschaft und Gesellschaft an der Tagesordnung. Der Bericht untersucht Chancen und Risiken wirtschaftlicher, gesellschaftlicher und technologischer Natur.

The Child As Vulnerable Patient

Protection and Empowerment

Author: Ms Lynn Hagger

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496600

Category: Law

Page: 268

View: 6636

How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.

Transitional Justice in the Twenty-First Century

Beyond Truth versus Justice

Author: Naomi Roht-Arriaza,Javier Mariezcurrena

Publisher: Cambridge University Press

ISBN: 1139458655

Category: Social Science

Page: N.A

View: 9086

Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.

The Development and Making of Legal Doctrine

Author: Nils Jansen

Publisher: Cambridge University Press

ISBN: 1107475791

Category: Law

Page: 254

View: 7856

The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.

Das Globalisierungs-Paradox

die Demokratie und die Zukunft der Weltwirtschaft

Author: Dani Rodrik

Publisher: C.H.Beck

ISBN: 9783406613517

Category:

Page: 415

View: 5810

Ein Plädoyer gegen Hyperglobalisierung und für eine gewisse demokratische Renationalisierung der Wirtschaftspolitik.

Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 7442

Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.

Social Work in the 21st Century

An Introduction to Social Welfare, Social Issues, and the Profession

Author: Morley D. Glicken

Publisher: SAGE Publications

ISBN: 1483315029

Category: Social Science

Page: 696

View: 883

A student-friendly introduction to the field of social work, social welfare, and the profession of social work, social issues, and social welfare Designed to get students excited about the profession and thinking critically about what social workers do and how they operate within the larger system, this Second Edition explores social issues in the United States, looks at how the social welfare system attempts to resolve these issues, and considers the many roles assumed by professional social workers within the social welfare system. This edition offers new and revised coverage throughout and reflects recent current events, including the historic 2008 presidential election, catastrophes such as Hurricane Katrina and the Haiti earthquake, and government responses.

In Defense of Tort Law

Author: Thomas Koenig,Michael Rustad

Publisher: NYU Press

ISBN: 0814748996

Category: Law

Page: 345

View: 8448

Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.

Der Welt nicht mehr verbunden

Die wahren Ursachen von Depressionen - und unerwartete Lösungen

Author: Johann Hari

Publisher: HarperCollins

ISBN: 3959678231

Category: Self-Help

Page: 448

View: 5532

Das erste Rätsel, vor dem ich stand, war: Wie konnte es sein, dass ich immer noch depressiv war, obwohl ich Antidepressiva nahm? Ich machte alles richtig - und doch lief etwas falsch. Warum? Das zweite Rätsel: Warum gibt es heute so viel mehr Menschen, die unter Depressionen und schweren Ängsten leiden? Was hat sich verändert? Da ging mir auf, dass noch ein drittes Rätsel über allem schwebte. Konnte es sein, dass etwas anderes, und nicht die Chemie in meinem Hirn, Depressionen und Ängste bei mir und so vielen anderen Menschen auslöste? Und wenn ja: Was konnte es sein? »Wenn Sie sich jemals niedergeschlagen oder verloren gefühlt haben, wird dieses Buch Ihr Leben ändern.« Elton John »Eine wunderbare und bestechende Analyse.« Hillary Clinton »Ein Buch, das viel über unsere innere Verzweiflung und unseren Lebenswandel verrät« Naomi Klein »Ein brillanter, anregender und radikaler Ansatz zur psychischen Gesundheit« Matt Haig

James Bond in the 21st Century

Why We Still Need 007

Author: Leah Wilson

Publisher: BenBella Books, Inc.

ISBN: 1935251589

Category: Performing Arts

Page: 199

View: 6766

Writings by Raymond Benson, J. A. Konrath, and many more on the secret agent and pop-culture icon. In this book about the world’s most dashing secret agent and the evolution of the James Bond franchise, leading writers including Raymond Benson, J. A. Konrath, Raelynn Hillhouse, and John Cox discuss the ten sexiest Bond girls, the best villains, and the battles over which actor should play the incomparable superspy. Topics covered range from the playful—how to build a secret lair and avoid the perennial mistakes made by would-be world dominators—to the thought-provoking, such as Bond’s place in the modern world, his Oedipal tendencies and perceived misogyny, and his unerring allure. It’s a feast for fans who can’t get enough of their hero.